RAM NATH BHOLA Vs. KRISHAN LAL

JUDGEMENT

(1.) THIS revision is directed against the orders of the authorities below in proceedings under Section 13 of the Haryana Urban (Control of Rent and Eviction), Act, 1973 (for short 'the Act' ).

(2.) PETITIONER filed a petition under Section 13 of the Act seeking ejectment of the respondent on the ground of non-payment of arrears of rent. Rate of rent was alleged to be Rs. 75/- per month. The tenant filed written statement disputing the rate of rent. It was pleaded that the rate of rent was Rs. 35/- per month. However, in order to avoid ejectment, he tendered rent at the rate of Rs. 75/- per month for the period January 1, 1985 to March 31, 1985, which was accepted by the petitioner-landlord. Issues were framed in the petition on August 22, 1985 and one of the issues framed was "what is the rate of Rent. " The landlord continued appearing in the proceedings till October 11, 1986 when exparte proceedings were ordered against him. The tenant then produced some evidence and the learned Rent Controller by his order dated March 11, 1987 recorded a finding that rate of rent was Rs. 35/- per month and not Rs. 75/ -. The landlord filed appeal which was dismissed by the appellate authority by order dated October 22, 1988. Aggrieved by the said orders, the landlord has filed the present revision.

(3.) THE tenant tendered rent at the rate claimed by the landlord and at the same time disputed the rate of rent by filing written statement. Issue framed as to what was the rate of rent, was answered after affording an opportunity of leading evidence in that behalf. The landlord obviously did not lead any evidence as he was proceeded exparte. The tenant did lead some evidence and the learned Rent Controller after discussing the same came to the conclusion that rate of rent was Rs. 35/- and not Rs. 75/- per month.